Opinion
Civ. No. 05-1497-AA.
January 13, 2006
ORDER
Defendant State of Oregon Department of Corrections (the State) moves to dismiss plaintiff's state law claims for lack of subject matter jurisdiction and failure to state a claim. Specifically, the State maintains that it is immune from suit in federal court under the Eleventh Amendment. See Ravgor v. Regents of Univ. of Minn., 534 U.S. 533, 540-542 (2002); College Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 670 (1999); Pennhurst State School and Hosp. v. Halderman, 465 U.S. 89, 97-100 (1984).
Plaintiff concedes that the Eleventh Amendment bars her state law claims. Accordingly, the State's Motion to Dismiss in Part (doc. 9) is GRANTED, and plaintiff's second, third and fourth claims for relief are HEREBY DISMISSED.
IT IS SO ORDERED.